Holmes v. Gilliland

41 Barb. 568, 1864 N.Y. App. Div. LEXIS 24

• Court: New York Supreme Court
• Decided: March 7, 1864
• Status: Published

Opinions

Leonard, J.

The defense is purely technical. The publication is not, by the statute, a portion of the proceedings for the formation of a corporation. The publication must be made before the corporation commences business. It may be a corporation for all the purposes of bringing an action without publication. If the publication be omitted, the cor-, poration might be restrained or wound up; but it would not enable a debtor to escape payment.

General reputation is sufficient evidence of user, prima facie. General reputation that the plaintiffs were conducting business as a corporation, coupled with the fact that the note mentioned in the complaint is payable to the plaintiffs, was sufficient evidence of the existence of the corporation to prevent a dismissal of the complaint.

I think also it was competent for the legislature of Connecticut to declare what should be sufficient prima, facie evidence of the formation of a corporation. (2 Bosw. 166.)

The judgment should be reversed, and a new trial ordered; costs to abide the event.

Clerk®, J. concurred.